Eric Feder

Eric Feder represents and counsels clients on a wide range of issues in media, intellectual property and internet law, including defamation, copyright, newsgathering, and invasion of privacy. In addition to litigating cases in these areas, Eric frequently provides pre-publication and pre-broadcast counseling and advice, including regular in-newsroom review of newspapers and magazines. His clients include digital and print media companies; journalists and authors; newspaper and magazine publishers; and television production companies and digital media startups.

Representative Experience

Goldman v. Advance Publications, Inc. et al.

Representing publisher in copyright infringement action arising from photograph of Tom Brady assisting the Boston Celtics recruit Kevin Durant, where the photograph was posted on Twitter, and tweets about the photograph were subsequently embedded by multiple news websites. (S.D.N.Y. 2016)

Huizenga v. NYP Holdings, Inc., et al.

Defending NYP Holdings Inc., the publisher of the New York Post, against allegations that an article reporting on the television series "The Biggest Loser" defamed plaintiff. (S.D.N.Y. Ongoing)

Bell v. Care.com

Successfully obtained dismissal of lawsuit against Care.com, an internet service provider that provides a marketplace for families to communicate and connect with caregivers. Plaintiffs alleged that they found and hired a babysitter who killed their infant child through Care.com’s site, and that Care.com’s assurances of safety and provision of a background check that did not include a past DWI conviction led to their child’s death. Care.com successfully moved for summary judgment on the grounds that Section 230 of the Communications Decency Act immunized Care.com from plaintiff’s claims because they arose from its publication of third-party content (the babysitter’s profile and the background check, which was performed by a third-party contractor) and that plaintiffs released Care.com from liability through the site’s membership contract. See Bell v. Care.com et al., 2016 WL 1258333 (Neb. Dist. Ct. March 22, 2016)

In re application of WP Company LLC d/b/a Washington Post

Successfully represented The Washington Post in vindicating First Amendment right of access to materials filed in connection with search warrants in order to unseal records filed in connection with search warrants issued as part of wide-ranging investigation by the U.S. Attorneys’ Office for the District of Columbia of campaign finance violations in local and national elections, including the 2010 D.C. Mayoral Election. (2016)

In re: National Security Letter; American Civil Liberties Union v. Clapper; and First Unitarian Church of Los Angeles v. National Security Agency

Represented PEN American Center, the authors’ organization, as amicus curiae, presenting the concerns of U.S. writers regarding the constitutionality of the use of National Security Letters that bar recipients from disclosing them and the mass collection of telephone metadata by the National Security Agency, in three separate cases. (9th Cir.; 2d Cir.; N.D. Cal. 2014-2015)

BWP Media v. IGN Entertainment, et al.

Company Doe v. Tenenbaum

Represented a coalition of news organizations, as amici curiae in support of the unsealing of documents and docket entries in litigation in the District of Maryland between an anonymous company and the Consumer Product Safety Commission (CPSC) over a report of a possible product defect submitted for inclusion in the CPSC’s online database of consumer complaints. Sealing order reversed. 749 F.3d 246 (4th Cir. 2014)

Moss v. Associated Press, et al.

Defended three news organizations (The Daily Beast, Forbes Media, and the New York Post) in a defamation action brought by a business executive identified as a cyberstalker by a former girlfriend in court papers, interviews, and media appearances. Motion to dismiss granted. (N.Y. Sup. Ct. 2014)

Auerbach et al. v. Manhattan Production Music and Pinnacle Entertainment

Represented defendants in a music copyright infringement action brought by the owners of all rights in the musical composition "Howling Wolf," written and performed by The Black Keys, alleging infringement by use of a song entitled "The Howler" in a television commercial for Pinnacle-owned casinos. Case settled. (S.D.N.Y. 2013)

Additional Qualifications

Law Clerk, Hon. J. Paul Oetken, U.S. District Court, Southern District of New York, New York, N.Y., 2011-2012

Law Clerk, Hon. Kimba M. Wood, U.S. District Court, Southern District of New York, New York, N.Y., 2010-2011